THE BUILBR WRIGHT-CASE,
PROCEEDINGS AT SIFANGHAL
At H. M. Supreme Court, Shangilal, on the 4th inst, before' Sir Havilland de Sapsmarez, Judge, in the caso Rex, William Butler Wright, Mr. J. C. E. Douglas, counsel for defendant, applied 10 bis Lordship to change the venue of the trial from Canton to Shanghai:
The Crown Advocate, Mr. H: P. Wilkinson was present in Court...
HONGKONG TELEGRAPH MONDAY OCTOBER 11 1900
The Crown Advocate, replied "that it was' signed aud Mr. Douglas remarked, "Deacons, the real prosecutor
THE
Justified in paying the claims of all (ba witner. wes who would have to come up herò for trial, Be thought that it was necessary that they should have Wai Han's evidencé and he could The Crow Advocate said that be put the not see why be should be allowed to go away.telegram before the Court in confirmation of whether the Crowe, was justified in having all getting the witoceres to Shanghai, and their Mr. Wilkinson added that it was a question | His contention regarding the difficulties of this expense by bringing witnesses to Shanghal expense. He did not want the prosecution to and transporting books unless the private probavo any excuso at all. secutors were willing to pay something.
His Lordship—is that a question I ought to .consider?
Mr. Wilkinson referred to, the practice, in civil cases,
His Lordship--Would it be in a criminal 'CORD?
Mr. Douglas, who returned to Shanghai by
Mr. Wilkinson-I think the Court should the P.&O. S. Himalays, said that be had just consider it. With regard to Wei in 1 think arrived from Canton and He had brought with his Government should not allow him to go him the following affidavit made by the accus-away in the circumstances. As regards myself ed, in support of the application:— ~
my only serious objection to the case belog Irind here is that I should like all the material for the question of account here at my hand, and the difficulty of explaining to a jury the whole of tho caso which bas goss before. It is entirely for your Lordship to say whether the trial will be easier here or there,"
I William Butler Wright of Shameen, Canton le the Empire of Chins, make oath and say as following:-
:
1
1- have been committed for trial upon four several charges of larceny of sums of $21,536, $13,000, $5.00 a $1,000, ninney of and be longing to His Imperial Majesty the Emperor of China,
· · 2—Upon learning the case lor the prosecu- tion if appeared that the Managing Director of the Canton Kowloon Railway, the representa tive of the Emperor of China to this matter, in no way consented to the institution of this pro -secution, but that the same was jostituted upon the personal initiative of one Frank Grove, Chief-Engineer and a fellow employes with me of the rilway.
His Lordship-Will you put it as high as this. Mr. Crown Advocate, you think it is your duty to oppose the care being, tried here? "I quite appreciate your reason that you would like everything in your hands before going into Count and you might not have it here. I your feeling so strong as te oppose the trial here?
Mr. Wilkinson-It is my duty to place it be fore the Court for consideration.
́His1Lordship –Just 10, but do you put it so strong as to press it?
Mr. Wilkinson For that reason I would press it upon the Court.
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His Lordship. That is what really weighs with me. Canton is only a small place as we know, people in the East live in a friendly and Fistimale way, and things are quitecariain to bave been discussed even by those who would wish to stand most aloof from them. Those same people have possibly discussed the question of whether they would have to serve on, the jury, Evensupposing you did get a jury who are quite independeat—1 moen, you may feel really in your own mind that they are independent and that the man may have a fair trial-a; the same time it is by no means improbable that these people have unconsciously expressed an opinion, and there is always the chance of the, tial being upset at great exp;1145.
The Crown Advocate said that men had ofteq commented on a caes and then served on a jury, when they had done their duty.
Hia Lordship-Oh yes; I know that. The Crown Advocate said that the most difficult witnesses to bring up would be the acting manager of the lotereational Bank and the agent at Canton of the Hongkong and Shanghai Banking Corporation, Ld.
His Lordsbip. I think this is a serious matter, and not a step, that I can take lightly, Have you their depositions and could it be agreed to read them?
The Crown Advocate.-1 would want to see the entries.
"
+
His Lordship.-The books will have to come. Mr. Douglas handed up Mr. Kenny's deposi tion to his Lordship, who said that he could see that Mr. Kenny was a very important witness;
Mr. Douglas said that as regarded the ex- penses, if the Court had power to order the applicant to pay the expenses of the trial in the event of a conviction, he on behalf of the paid by the prosecutor in the event of an prisoner should have to insist on all costs being || acquittal.
His Lordship Suppose there should be no 31, have been arrested on these charges delay, it seems to me if this were not pressed without notice and without being, given any, you would be able in get: your papers and instructions for trial here. I have always opportunity to offer any explanation of mal-
felt, from the beginning of this cade, that any ters in account and I believe that is the hurry or haste would be most unfortuante and institution of this prosecution as well as prejudicial to the proper administration of in its conduci a certain amount of animus justice which is of course a proper determina. and personal feeling towards me has piny or guilt of the prishner-and therefore I think tion of the question before us-ibe innocence ed no inconsiderable part. This personal is most unfortunate that the principal tealing against me extends throughout the Chinese witness to such a case os this should whole of the Shimeca where I bave many
not be able to attend, and I think it really enemies and absolutely no friends. In prest think that the Chinese authorities should know like to know what the additional costs would most essential that he should be here, and i Mr. Douglas thought that he had, "He would of this I'may state that though I bave resided.
that that is my view, as it is your view Mr. b. He was pippared to submit that there there for 24 months, bave been a member of all
Wilkinsos, and I think also the view of Mr.would be no additional corts; in fact that the the Clubs, take a prominent part in the life of Douglas as representing the prisoner, is it not? bolding of the trial in Shanghai would be much the place and done kindnesses to many, I have Mr. Douglas-Yes my lord.
cheaper that holding it in Canton. It the trial found on my arrest no persnes to come fo ward
by the Crown Advocate, so it would be necess were held in Cantou-it would not be conducted and give the necessary security to enable me
ary to pay for the services of another legal to be released from custody.
practiljouer.
|
His Lordship-Hayé you any right for saying that?
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4-The matter of my arrest and chorge has been fully discussed in all the Clubs and bars of the place and although the public, which is very small and limited to about one hundred mitted to our hands, that any failure of justice would be the cost of the witdekses, pasinges to CHINESE GIRLS KIDNAPPED:
parsons, have not yet been told my side of the atory, they all seem to be fully convinced that I am guilty.
***
5-10 consequence of the above fact and in
view of all circumstances of the case i cons cientiously believe that if will not be possible for me to obtain fair and impartial trial before a jury of my fellow countrymen in Canton.
Mr. Douglas added that it was well-known to some of the railway people that Mr. Wright was leaving as early as August 31, and it was well-known to the Chief Engineer we days before Mr. Wright lelt that he was lenying by Teriya Mary and that his passige was booked to Shanghai. The whole of the case had been put through with considerable baste, and that there was considerable feeling in connection with the master was shown by the newspaper reports. In the N, C. 1). News of September 6, there was the following telegram : –
"CANTON-KOWLOON RAILWAY..
ALLEGED DISAPPEARANCE OF A
ACCOUKLANT.
Hongkong, Sept. 5.
Butler Wright, accountant of the Chinese sec> tion of the Canton-Kowloon railway, has disap. penred. Our Own Correspondent."
It has been reported, to the, police that Mr.
+
That, commented Mr. Douglas, was one of the many rumours which were prevalent at the
time.
His Lordship-shall have to have something atrouger than that. That is a telegram to Shanghai and it cannot prejudice a trial in
Caster.
ties should know that that is the view of all of
His Lordship-I think the Chinese authori
as who are concerned in the administration of justice here, and that if in the face of that, his attendance cannot be secured, at all events wo shall feel that everything so far as the adminis ration of British justice is concerned that is com which might occur owing to the absence of this witness we cannot hold ourselves responsible for it. That is my view and Fshall take the first opportunity of calling the Chinese autbori- lies' notice to that by communicating with His Majesty's Minister in Peking. Feeling as I do, I would ask you Mr. Douglas if I grant this change of venue, whether you press for the case to be heard at once?
trial.
STRANGE STORY AT THE POLICE CQUET.,
The story of how three Chinese girls were kidnapped and handed over to the care of un scrupulous persons was told before Mr.J: R. Wood (Second Magistrate) in the Police Court this afternoon-which goes to show that the traffic in women has by a means been sipped in the bud-when two Chinese, one of whom
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was a woman, wate placed in the dock on ROYAL · MENAGERIE OF PERFORMING. the serious charges of having kidnapped thres girls and put them to illegal use. Mr. H. L.
WILD ANIMALS, Dennys, jr., (from the Crown Solicitor's office) THE LARGEST AND BEST CIRCUS COMBINATION TRAVELLING THE EAST.
prosecuted. The prisoners were undefended.
His Lordsbip-The Crown Advocate has not made any application to ma in that connection, Mr. Douglas said that the greatest expenses
and from Shanghai and their maintenance for three days. He submitted that witnesses in criminal cases were not entitled to payment.
His Lordship said÷I have come to the coo- clusion that this, application must be refused. I cannot say that i have dess so without any doubt, because I feel that when a prisoner does pas forward not daly on his own view, but on his own views supported by the strong, com Mr. Douglas want to point out that I must meats of the newspaper, that he in dolikely to and that he would not be available for the trial,way to do it, I should wish to stretch every be prepared for that man to give evidence now have a fair trial. must say that if I saw my I have in a measure to be prepared for his point in his favour, and, if possible, move the absence, 1, think it is desirable that we should trial here. But in this particular case, of not have to reply on the evidence taken in the course, although these are Hongkong papers, lower Court, but he should be present at the they do circulate in Canton, but I cannot help thinking that the mere fact of the papers con- His Lordship I feel that strongly myself. I thining these remarks coming from outside ink I grant this must of necessity allow Canton, would not influence the minds of time to the Crown Advocate in get further in people who have already probably beard both 19th September last, one of the defendants
Mr.Douglas-My-client-feels-so-strongly magnify unduly these comments, which I cer
stories, and, therefore, I am disposed unt to enticed the giris from a place called 'ik Kwong about the change of venue as to stay in custody tainly think, are unfortunate, and were, they and brought them over to You-ma-ti, where the an exten two weeks to enable it to be done. made within the jurisdiction of the Court going unfortunate victims were "banded over to e to try the case, would call for very strong com- woman who kept a brothel (the second defend. men, But they are not. They come froman). The girls were subsequently taken to a outside, and as I say Canton, although very family house and shortly afterwards the culprits! Dear Hongkong, considered these maltera before the papers came and I do not think the arrest was effected. minds of the people are likely to be affected by what these newspapers say, Then 1 bave the extremely strong opinion of the Consul- General in answer first of all on, a report, and confirbed to answer to a telegram my ong-in his opinion a fair trial can be had. Therein he states that there are fifteen jurymen who can be obtained, and who, he is certain, would give an impartial hearing of the case, I am aware that the Crown is taking
structions,
His Lordship-I will not decide the question at once but I will telegraph to His Majesty's Minister at once, and I shall wait a further report from Canton, which I hope to get in an swer to a telegram which I sent this morning, but possibly I may not get it in consequence of this dispatch which I spoke of having arrived since that telegram was sent. Atall events on the chance of having some information I will adjourn this point until Wednesday morning I have consulted with the Assistant Jodge and my learned brother will be able to go down on Friday, if necessary, so that the case would be beard at as early a date after his arrival as will be convenient to the parties:
ship said that he had looked up the sailing list be held at Canton, because of that difficulty la reply to a remark by counsel bis Lord-certain risks in asking for, the, prosecution to
The facts of the case in brief are that on the
Location of our Tents TRAMWAY TERMINUS, KENNEDY TOWN. GRAND SUCCESS OF OUR FIRST CHANGE OF PROGRAMME
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His Worship dealt with the case summarily and sentenced one of the defendants.to six months' hard labour and six bours' stocks in lieu of one day on the first charge and six LONDON months' hard labour on the second count. The
consideration: case of the woman was adjourned for furthur
THE KOWLOON-CHAI ARMED ROBBERY,
PRISONERS COMMITTED FOR TRIAL
Before MJ, R. Wood (Second Magistrate)
and he did not think they would care to go to which there always must be, where the jury aro Hongkong before Friday. If they counted up very likely to have expressed opinions in a case. the days they would see that the trial might On the other hand, we have got, a jury, as ! begin on the fourteenth of this month at Can say, whom the Consul considers an impartial ton. The question of the change of voDUA one and he is very much better able to judge in the Police Court this morning, the three could, however, come up on Wednesday morn Mr. Douglas-The local (Hongkong) papersing at to o'clock..
theo I am, and from what I have heard to day and from the depositions, I cannot men who have been arrested in connection, haveheaded their articles about-thie-care-The-
6th October bar fer that the removal of this with-the-armed-kobbery-at-Kowloon-chai,-New- Railway Sensation," and such like. The chief Mr. Douglas mentioned that he had obtained to Shanghai would prejudice the prosecution Kowison, on the 8th instant, again appeared basis of my application in the peculiar conditions copies of the Hongkong Datly Press of Septem is such a way as to make a fair trial on the serious charge. It,will be recalled that prevailing in Canton. There is a very small jatyer 6 and 7, which, he said, contained rather almost impossible-1 mean a full trial on the day in question, the robbers, armed scusational accounts of the alleged defalcations. because so many books would have to be list indeed, and of the eight witnesses called, He then read extracts from the reports, which brought; witnesses would have to be secured, with iron bars, broke lato a bosse occupied by seved are resident in Shameen. That reduces he characterized as "distorted accounts." Fro and it is quite possible that this Court may not a woman, and after threatening her, carried the list and in addition everyone in the railway ceeding he said that the date of Mr. Butler he able to ensure their attendance. Therefore, away goods and chattels worth about $79. offices would be excluded and in the Interna Wright's departure from Hongkong, and the thoughsomewhat reluctantly, I have come to the Later on the men were apprehended and ar tional Bank, and possibly the Blongkong and came of the steamer were known to Mr. Grove, conclusion that the case will have to be tried
Ar account of the proceedings at Canton also in Canton, and I have spoken to the Assistant rested by the Police. Shanghai Bank.
appeared in the South China Morning Port of Judge who will preside at the trial and he tells September 27 and 28. Both reports were head me that he is prepared to leave on Friday, in ed A Local Sensation."
which case I should like to know your views, but my intention is to direct the Consul to have all available jurymeo-the whole list, which is only about fifteen--summoned for the trial on Thursday next, if that is a day which commends itself to Counsel.
His Lordship said that the Consul at Canton, in a dispatch to the Court, considered that "about fifteed' gentlemen would be available to. BOO on the jury who could be considered in. dependent and able to form a proper judgment
on the C.
Mr. Danglas pointed out that, each party bad three peremtory challenger,
His Lordshe replied that if a jury could not be found the Court would, if necessary, sit with Auscisors,
Mr. Douglas then ealt with the question of
convenience.
His Lordship asid that inconvenience to the Court or Crown would not stand in the way if a miscarriage of justice was in any way probable, He was acquainted with the conditions prevail. Ing in Canton and there might be som2 difficul- ty in obtaining a proper trial there,At the same time he would remind counsel of the Consul's statement that fifteen persons were available who would, in his opinion, give the accased an absolutely fair hearing and decide on the merits of the case alone. With regard to the appearance of the witnesses the Consul seemed to think that the witness Wei Han could not attend here, and as regarded the rail. way he said the trial would cause great embar Fasement to the administration and that they would lose the services of the Chief Engineer and Acting Chief Accountant at a time when the audit was going on,
|
His Lordship asked if the proceedings were correctly reported.
Mr. Douglas said yes; in fact they were rather well reported.
His Lordship then handed the copies of the South China Morning Port back to Mr. Douglas.
The Crown Advocale, said that his learned friend relied on the question of local reports Both the articles rend had expressed surprise that a man who held the position Mr. Wright did should have been accused of having com milted such an offence.
His Lordsbip:-They seem to have gose further. They say he seems to have taken a -step-
The Crown Advocate, assentéd, and added that another unfortunate portion was the alla
The question of costs in sion to the ladies. regard to the change of venue, would have to be arranged. In support of his contention he cited Archibald, (13rd Edition, p r 6-78) R. Gilbey. He would ask that some provision for the costs incurred should be made, if his Lord- whip thought the case should be removed.
*. His Lordship.—Whatever the result may be? The Crowe Advocate replied in the affirms. tive, and said that his statement was borne out by the remarks contained on the next page, which dealt with change of venue...
His Lordship asked what the extra costs would be.
The Crowd Advocate replied that the chief The Crown Advocate said that his chief ob. costs would be the return fares of the witnesses jection to the case being tried in Shanghai was to Shanghai, and maintaining them while hers. that it might be necessary to refer a great deal He then read a cablegram which be had re- to the books of the railway and in that case ceived. This road," Butler Wright venne in- they would requim to have all the books and practicable must take all witnesses Sbaughri ather necessary material brought up here. Ha entailing great expenses entirely dislocato work
The Crown Advocateť said that he could s'art on Friday. The actual date of the trial would not be fixed until the Court arrived at Canton.
After further evidence had been called, the men were committed for trial:
1
FOOTBALL,
HK.M.C. SIX A-SIDE COMPETITION.
The following is the result of the drawing in conpection with the above, commencing each day at 5.15 p.m. 2-
Messrs. Garrett (Capt), Kow, Goldenberg, Lester, Young and Morrison. Reserva: Pet~|
Reference was made to one Wei Han, and his Lordship replied. "I have got a communi. 'ley, cation, and I have reason to believe that there will be no difficulty, I cannot say more than that."
Mesir. Dinby, (Capt.), Hickling, Chapman, Ironside, Shaw and Kennett. Ressive: Beving.
It was ultimately resolved that Counselton, should confer with the Assistant Judge as to what day, would be most convenient to feave marah, Oliver and Knott Reserve: Golden- Messrs. Carroll (Capt.), Mead, Clark, Whit- Shanghai
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ZYPHOON WARNIÑO,
The telegrams quoted below have been re- ceived at the American Consulate General from the Manila Observatory:-
October roth, 6,30 p.m.): October foth, 5 p.m. Cyclone or typhoon S. of Western Carolines, direction unknown. October 11th, 10,5 m.12. October 11th, 9 am. Cyclone or typhoon near or over the Western Carolines, direction
unknown.
Two Chinamen, worò'each givan'six months' preferred to put the accounts before the jury in of head office of Railway soma witossses imposard labour and dix hours stocks ip the Police a way in which bọ would understand and they sible teave embarrass-prosecation, would understandɛ. Then there was the guns. Mr. Douglas asked who had signed the cable. Court this morning for retuming from banish- slon në exponen, and the Grown might not be grani
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